International Arbitration: Law and Practice
International Arbitration: Law and Practice
“International Arbitration: Law and Practice” provides a comprehensive coverage of the basic principles and legal doctrines , and the practice, of international arbitration. It provides a complete, but concise, treatment of all aspects poof the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitration awards. The book also addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration. The book is essential reading for any student of international arbitration, and any practitioner seeking a comprehensive introduction to the field.
“International Arbitration: Law and Practice” also provides descriptions of the contemporary practice and tactics of international arbitration. Among other things, it addresses the drafting of arbitration clauses, selection and challenge of arbitrators, structure of arbitral proceedings, process of disclosure or discovery, witness preparation and testimony, conduct of evidentiary hearings and other key procedural steps in international arbitrations.
The book contains an Introduction and three principal Parts:
Part I: International Arbitration Agreements, including the separability presumption, choice of law issues, competence-competence doctrine, recognition and enforcement of arbitration agreements, formation and validity, formal validity and writing requirements, interpretative issues, non-signatory doctrines and multi-party/multi-contract issues.
Part II: International Arbitral Proceedings, including importance and choice of arbitral seat, selection and challenge of arbitrators, parties’ procedural autonomy, arbitrators’ procedural discretion, conduct of arbitral proceedings, disclosure and discovery, provisional measures, choice of substantive law, confidentiality, consolidation and intervention.
Part III: International Arbitral Awards, including form and content of awards, relief, costs, forums for annulment of awards, grounds for annulment or set-aside of awards, recognition and enforcement of awards, preclusion and precedent, and recognition of annulled awards.
Part I International Arbitration Agreements
Chapter 1 Introduction to International Arbitration
Chapter 2 International Arbitration Agreements: Legal Framework
Chapter 3 Formation and Validity of International Arbitration Agreements
Chapter 4 Interpretation of International Arbitration Agreements.
Chapter 5 International Arbitration Agreements: Non-signatory Issues
Part II International Arbitral Proceedings
Chapter 6 International Arbitral Proceedings: Legal Framework
Chapter 7 Selection and Removal of Arbitrators in International Arbitration
Chapter 8 Procedural Issues in International Arbitration
Chapter 9 Disclosure and Evidence-Taking in International Arbitration
Chapter 10 Confidentiality and Transparency in International Arbitration
Chapter 11 Provisional Measures in International Arbitration
Chapter 12 Multiparty and Multicontract Issues in International Arbitration
Chapter 13 Choice of Substantive Law in International Arbitration
Chapter 14 Legal Representatives and Professional Responsibility in International Arbitration
Part III International Arbitral Awards
Chapter 15 International Arbitral Awards: Legal Framework
Chapter 16 Annulment of International Arbitral Awards
Chapter 17 Recognition and Enforcement of International Arbitral Awards
Chapter 18 Investor-State and State-to-State Arbitration
Annex I United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”)
Annex II UNCITRAL Model Law on International Commercial Arbitration – 2006 Revisions
Annex III UNCITRAL Model Law on International Commercial Arbitration
Gary Born is universally regarded as one of the world's preeminent authorities
on international commercial arbitration and international litigation. He heads
the WilmerHale's ;international arbitration practice and has been ranked for
the past decade as one of the world's leading arbitration practitioners.
Mr. Born has participated in more than 500 international arbitrations, including four of the largest ICC arbitrations and several of the most significant ad hoc arbitrations in recent history. Mr. Born is uniformly ranked by Euromoney, Chambers, Legal 500 and Global Counsel as one of the leading practitioners in the field. In 2006, he was chosen by his peers as the "World's Best International Litigator" and recognized by Chambers UK as the most highly-regarded practitioner in international arbitration for the United Kingdom. He is described by competitors and clients in Chambers and other publications as "awesome," "inimitable," "stellar," "extremely talented" and a "powerful advocate." Mr. Born is also the author of leading publications on international commercial arbitration, including International Commercial Arbitration (2d ed. 2001).
Mr. Born heads WilmerHale's 70-person international arbitration group, which is based in London and integrated with related practices in our New York, Washington, Berlin and Brussels offices. Mr. Born has represented European, US, Asian and other companies in arbitrations under all leading institutional rules (ICC, LCIA, AAA, Vienna, Stockholm, ICSID) and in ad hoc arbitrations in all leading international situses (London, Paris, Geneva/Zurich, Vienna, Stockholm, New York, Washington, Singapore). He has particular experience in joint venture, investor-state, M&A, investment banking and other financial services, project finance, intellectual property and insurance disputes.
Mr. Born also advises on the litigation of international disputes in US courts. He has particular experience in the fields of jurisdiction, enforcement of judgments, conflict of laws and international judicial cooperation, and also serves as an expert witness on aspects of US private international law in foreign proceedings. He is the author of International Litigation in United States Courts (Aspen/Kluwer 4th ed.), the leading commentary in the field. Mr. Born was recently selected by clients and peers as the "World's Best International Litigator" in a survey by Legal Media Group.
Mr. Born also sits as arbitrator (presiding arbitrator, sole arbitrator and co-arbitrator). He has served as arbitrator in more than 60 institutional and ad hoc arbitrations.
During the past year, Mr. Born led teams which obtained favorable awards in several major international arbitrations, including an ICC arbitration sited in Paris, France, two arbitrations under the Vienna International Arbitral Centre's Rules, and several LCIA arbitrations sited in London. Mr. Born has successfully represented a major European telecommunications company in several of the largest arbitrations in ICC history. (See American Lawyer "major arbitration player in Europe" (May 2001)). He also recently successfully represented a major US energy company in an LCIA arbitration over off-shore oil rights sited in London, a European conglomerate in a fast-track arbitration in Zurich, a major industrial group in an ad hoc insurance arbitration sited in London, a leading European oil company in an ICC arbitration sited in London, a private equity firm in an ICC arbitration sited in Geneva, a US insurance company in an M&A arbitration in Paris, and a major multinational capital equipment manufacturer in institutional and other arbitrations in multiple European fora arising from power plant projects.
Mr. Born also has represented states and corporate parties in disputes involving public international law disputes. He represented Eritrea in an ad hoc arbitration against Yemen, private parties in controversies under various bilateral investment treaties, and a major foundation in an ad hoc arbitration against a European state raising novel issues of public international law.
Among Mr. Born's recent significant litigation matters are representation of various European entities in the Holocaust Assets and Forced Labor litigations and representation of a major US petroleum company in defending against efforts to enforce purported foreign judgments in the United States.
Mr. Born is the author of several leading treatises and casebooks on international arbitration and litigation, including International Commercial Arbitration: Commentary and Materials (2d ed. 2001), International Arbitration and Forum Selection Agreements: Planning, Drafting and Enforcing (2d ed. 2006), and International Civil Litigation in United States Courts (4th ed. 2007). The first chapter of International Arbitration and Forum Selection Agreements: Planning, Drafting and Enforcing is available through the WilmerHale website. He also has published and spoken widely on issues of international arbitration and litigation.
Mr. Born has taught law at Georgetown University Law Center, University of Virginia College of Law, University College London and the University of Arizona College of Law. He is a member of the American Law Institute and also has served on the Executive Council of the American Society of International Law, and as co-chair of the ABA International Section, Committee on International Aspects of Litigation.
Honors and Awards
- Ranked as England's only "Star Performer" in international arbitration by Chambers UK: A Client's Guide to the UK LegalProfession (2006/07) and listed as one of three leading arbitration practitioners in Europe (2000-present)
- Selected for Legal Media Group's The Best of the Best as "World's Best International Litigator" (2006)
- Recognized as a UK leader in international arbitration in the inaugural edition of Chambers Europe (2007)
- Listed in Chambers Global: The World's Leading Lawyers as one of top three practitioners in London (2006 and 2007
- Named one of the world's "top 20 arbitration specialists" in PLC Cross-border Quarterly; highlighted as "one of the world's leading arbitrators (2006) ;
- Recognized by Global Arbitration Review as "Super-arbitrator" and "a model of how it's done" (2006)
- Recognized in the 2006 edition of The Legal 500 UK as an outstanding arbitrator who "leads an impressive arbitration force" of "highly sophisticated and powerful advocates" and who "deserves his stellar reputation."
- Listed in Euromoney's The Best of the Best: The World's Top Twenty Experts in Commercial Arbitration as one of leading European practitioners (2003, 2004, 2005, 2006)
- Ranked by Global Counsel as one of the "World's Top Ten International Arbitration" lawyers (2003)
Listed in Euromoney's Guide to the World's Leading Litigation Lawyers
(2003 to present)